Help Me

[longsally111]

What is the name of your state? South carolina

Very quickly: I had an offer on my home, they agreed to everything, signed their copy of the contract ( which had my husbands signature on it) and faxed it back with a copy of the ernest money check. There were NO contingencies. The next day, their agent states they have changed their minds and gave the people back their ernest monies. I am suing Prudential for Breach of Fudiciary Duty as they did not deposit the ernes money as required by contract. There is no "waiting" period in SC that allows you to back out of the contract. My attorney sent them a letter demanding the money and they ignored it. I filed in Small Claims Court and they were just served.
The question: I have NEVER been to small claims court before where I had to represent myself. I am not sure what I can give to the judge and what I cannot. I am not sure if I sued for the right amount ( 1000.00 plus 90.00 court fees) and above all, I am PETRIFIED!!!! Any advice would be appreciated

 

[seniorjudge]

...The question: I have NEVER been to small claims court before where I had to represent myself. I am not sure what I can give to the judge and what I cannot. I am not sure if I sued for the right amount ( 1000.00 plus 90.00 court fees) and above all, I am PETRIFIED!!!! Any advice would be appreciated....


And what did you find when you Googled this question?

(I found tons of stuff relating to your problem.)

 

[Happy Trails]

What is the name of your state? South carolina

Very quickly: I had an offer on my home, they agreed to everything, signed their copy of the contract ( which had my husbands signature on it) and faxed it back with a copy of the ernest money check. There were NO contingencies. The next day, their agent states they have changed their minds and gave the people back their ernest monies. I am suing Prudential for Breach of Fudiciary Duty as they did not deposit the ernes money as required by contract. There is no "waiting" period in SC that allows you to back out of the contract. My attorney sent them a letter demanding the money and they ignored it. I filed in Small Claims Court and they were just served.
The question: I have NEVER been to small claims court before where I had to represent myself. I am not sure what I can give to the judge and what I cannot. I am not sure if I sued for the right amount ( 1000.00 plus 90.00 court fees) and above all, I am PETRIFIED!!!! Any advice would be appreciated

Bring all your evidence that is pertinent to the case.

Go to the courthouse and sit in on some of the other cases; this will give you an idea on how it works.

Look for SJ's "Standard answer" on how to appear in court.....

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.








Addition for civil court: Be professional; don't roll your eyes or cough; don't interrupt.

Give the judge everything; if he doesn't want it, he will let you know.